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In Texas, child support calculations typically follow a set of guidelines established by state law. These guidelines provide a standard method for determining child support based on the non-custodial parent's income and the number of children involved. However, there are situations where a court might order child support payments that exceed these guidelines. Let's explore the standard guidelines and then discuss circumstances that could lead to above-guideline support orders.
Understanding Texas Child Support Guidelines
Texas Family Code provides a straightforward calculation for child support:
- One child: 20% of the non-custodial parent's net resources
- Two children: 25% of net resources
- Three children: 30% of net resources
- Four children: 35% of net resources
- Five children: 40% of net resources
- Six or more children: Not less than 40% of net resources
These percentages apply to the first $9,200 of the non-custodial parent's monthly net resources.
Reasons for Above-Guideline Child Support
While the guidelines work well in many cases, Texas courts have the discretion to order child support payments above these standard amounts. Here are some common reasons why this might happen:
- High-Income Parents: If the non-custodial parent's income significantly exceeds the $9,200 monthly cap, the court may decide that additional support is necessary to maintain the child's standard of living.
- Special Needs Children: Children with disabilities or chronic medical conditions often require additional financial support for therapies, treatments, or specialized equipment.
- Extraordinary Educational Expenses: If a child has particular educational needs or attends private school, the court might order additional support to cover these costs.
- Extensive Travel for Visitation: In cases where parents live far apart, the court might order additional support to cover travel expenses for visitation.
- Multiple Households: If the non-custodial parent has children in multiple households, the court might adjust support to ensure fair treatment of all children.
- Intentional Unemployment or Underemployment: If the court finds that a parent is deliberately earning less than their potential to avoid higher payments, it may calculate support based on earning capacity rather than actual income.
- Significant Assets: Even if a parent's income is modest, substantial assets might justify higher support payments.
- Extracurricular Activities: The court may order additional support to maintain a child's participation in sports, arts, or other activities that are deemed beneficial.
The Court's Discretion
It's important to note that judges have considerable discretion in these matters. They will consider the specific circumstances of each case and make decisions based on the best interests of the child.
If you believe your situation warrants above-guideline child support, it's crucial to present a compelling case to the court. This might involve providing detailed financial information, expert testimony about the child's needs, or evidence of special circumstances.
Remember, child support determinations can be complex, and every case is unique. If you're facing a child support issue, it's always advisable to consult with an experienced family law attorney who can guide you through the process and advocate for your child's best interests.
At Coker, Robb & Cannon, Family Lawyers, we're committed to helping Texas families navigate these challenging situations. Don't hesitate to reach out if you need assistance with your child support case. We have consultations available at our offices in Denton, Frisco and Fort Worth, as well as by Zoom Video Conferencing.